DAVID S. ROSENTHAL

David Rosenthal’s practice focuses on the representation of employers in the full range of employment litigation matters, such as breach of contract, wrongful termination, enforcement of noncompetition provisions, protection of trade secrets and intellectual property, discrimination litigation (gender, sexual harassment, age, race, national origin, disability, and religion), defense of wage-hour class actions, and defense of whistleblower claims, in state and federal courts in Massachusetts and nationally, and before the Massachusetts Commission Against Discrimination and the Equal Employment Opportunity Commission.

David also counsels employers in a variety of nonlitigation matters, including a variety of human resources actions and decisions such as individual and large-scale reductions in force. He assists employers in the creation of employment policies and employee handbooks, and compliance with state and federal statutes such as the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standard Act, and WARN. David frequently counsels employers on the drafting of non-competition and nonsolicitation agreements that will be enforceable, and on the strategies he has successfully implemented to protect an employer’s trade secrets, confidential information and customer goodwill. Clients include many national companies with operations in several states including Massachusetts.

Many employment disputes gain notoriety because of the high-profile client or sensational allegations. David has had extensive experience working with crisis management and public relations firms to design an aggressive strategy to quickly uncover the information needed to rebut unfavorable press coverage and tell the employer’s side of the story.

David also has experience in dispute avoidance and alternative dispute resolution practices, including mediation, arbitration, and grievance proceedings. He has been trained as a mediator.

Speaking Engagements

• “Labor & Employment Law:  Significant Developments for the Home Health Care Industry,” New England Home Care Conference and Trade Show, June 1, 2012
• “Best Practices in Conducting Lift-Outs of Investment Management Professionals:  Enforcement of Post-Employment Restrictions and Protection of the Search Firm,” October 30, 2009
• “Best Practices in Conducting Lift-Outs of Investment Management Professionals: Enforcement of Post-Employment Restrictions under Massachusetts Law,” January 6, 2009
• “Managing the Workforce in a Down Economy:  Guidance for the Proactive Employer,” May 6, 2008
• “Noncompete Agreements and Investment Management Professionals,” January 15, 2009
• “Retaliation & Whistleblowing Lawsuits,” March 26, 2008
• “Privacy in the Workplace (Is that really an oxymoron?),” July 10, 2007
• “Whistleblower Claims Under the Sarbanes Oxley Act,” May 10, 2007
• “Whistleblowing and Retaliation,” Association of Corporate Counsel Breakfast Briefing, January 25, 2007 
• “What Board Members and Senior Executives Need to Know About Recent Trends in Non-Compete Agreements,” October 31, 2005
• “The Carrot and Stick:  Use of Post-Employment Restraints on Competition to Retain Employees,” October 9, 2001
• “Alternative Dispute Resolution of Employment Claims,” October 9, 2001
• “The Current Status of the Inevitable Disclosure Doctrine:  Anything But Inevitable”